HCS CSSB 232(FIN): "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals."
00HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) 01 "An Act relating to permanent fund dividend program notice requirements, to 02 the ineligibility for dividends of individuals convicted of felonies or incarcerated 03 for misdemeanors, and to the determination of the number and identity of 04 certain ineligible individuals." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSES. The purposes of the amendments made to AS 43.23.005(d) and 07 43.23.028 in this Act are to 08 (1) obtain reimbursement for some of the costs imposed on the state criminal 09 justice system related to apprehension, prosecution, conviction, incarceration, or probation of 10 individuals convicted of a felony and individuals who are chronic offenders as demonstrated by 11 their being incarcerated as a result of a misdemeanor conviction after having been convicted of 12 two or more prior crimes; 13 (2) ensure the public is advised about the ineligibility for dividends under 14 AS 43.23.005(d), the reasons for making individuals ineligible under that subsection, and the
01 purposes for which the state has appropriated the money that would otherwise have been paid 02 to those ineligible individuals; 03 (3) clarify what the funds appropriated to certain agencies listed under 04 AS 43.23.028(b) may be used for if the appropriations are to be exempt from the notice 05 requirement; and 06 (4) obtain another source of funding for the state agencies added to 07 AS 43.23.028(b). 08 * Sec. 2. AS 43.23.005(d) is amended to read: 09 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 10 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent fund 11 dividend for a dividend year when 12 (1) during the calendar year immediately preceding that dividend 13 year the individual was sentenced as a result of conviction in this state of a felony; 14 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 15 preceding that dividend year, the individual was incarcerated [,] as a result of the 16 conviction in this state of a 17 (A) felony; or 18 (B) misdemeanor if the individual has been convicted of two 19 or more prior crimes as defined in AS 11.81.900(9) [THE INDIVIDUAL IS 20 INCARCERATED]. 21 * Sec. 3. AS 43.23.005 is amended by adding a new subsection to read: 22 (g) For purposes of applying (d)(1) of this section, the date the court imposes 23 a sentence or suspends the imposition of sentence shall be treated as the date of 24 conviction. For purposes of applying (d)(2)(B) of this section, multiple convictions 25 arising out of a single criminal episode shall be treated as a single conviction. 26 * Sec. 4. AS 43.23.028 is amended to read: 27 Sec. 43.23.028. PUBLIC NOTICE. (a) By October 1 of each year, the 28 commissioner shall give public notice of the value of each permanent fund dividend for 29 that year and notice of the information required to be disclosed under (3) of this 30 subsection. In addition, [. THE NOTICE AND] the stub attached to each individual 31 dividend check and direct deposit advice must [DISCLOSE THE AMOUNT]
01 (1) disclose the amount of each dividend attributable to income earned 02 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 03 Constitution of the State of Alaska; 04 (2) disclose the amount of each dividend attributable to income earned 05 by the permanent fund from appropriations to that fund and from amounts added to that 06 fund to offset the effects of inflation; [AND] 07 (3) disclose the amount by which each dividend has been reduced due 08 to each appropriation from the dividend fund, including amounts to pay the costs of 09 administering the dividend program and the hold harmless provisions of AS 43.23.075; 10 (4) include a statement that an individual is not eligible for a 11 dividend when 12 (A) during the calendar year immediately preceding that 13 dividend year the individual was convicted of a felony; 14 (B) during all or part of the calendar year immediately 15 preceding that dividend year, the individual was incarcerated as a result of 16 the conviction of a 17 (i) felony; or 18 (ii) misdemeanor if the individual has been convicted 19 of two or more prior crimes; 20 (5) include a statement that the legislative purpose for making 21 individuals listed under (4) of this subsection ineligible is to 22 (A) obtain reimbursement for some of the costs imposed on 23 the state criminal justice system related to apprehension, prosecution, 24 conviction, incarceration, or probation of those individuals; 25 (B) provide funds for payments to crime victims and for the 26 operation of safe houses and shelters; 27 (6) disclose the total amount that would have been paid during the 28 previous fiscal year to individuals who were ineligible to receive dividends under 29 AS 43.23.005(d) if they had been eligible; 30 (7) disclose the total amount appropriated for the current fiscal year 31 under (b) of this section for each of the funds and agencies listed in (b) of this
01 section. 02 (b) To the extent that amounts appropriated for a fiscal year do not exceed 03 the total amount that would have been paid during the previous fiscal year to 04 individuals who were ineligible to receive dividends under AS 43.23.005(d) if they 05 had been eligible, the [THE] notice requirements of (a)(3) [(a)] of this section do not 06 apply to appropriations from the dividend fund to the 07 (1) crime victim compensation fund established under AS 18.67.162 for 08 payments to crime victims; 09 (2) [, TO THE] council on domestic violence and sexual assault 10 established under AS 18.66.010 for operations of safe houses and shelters; 11 (3) Department of Public Safety for criminal investigations and 12 apprehensions; 13 (4) Department of Law for criminal prosecutions; [,] or 14 (5) [TO THE] Department of Corrections for incarceration and 15 probation programs [TO THE EXTENT THAT AMOUNTS APPROPRIATED FOR 16 A FISCAL YEAR DO NOT EXCEED THE TOTAL AMOUNT THAT WOULD HAVE 17 BEEN PAID DURING THE PREVIOUS FISCAL YEAR TO INDIVIDUALS WHO 18 ARE INELIGIBLE TO RECEIVE DIVIDENDS UNDER AS 43.23.005(d) IF THEY 19 HAD BEEN ELIGIBLE]. 20 * Sec. 5. AS 43.23.055 is amended to read: 21 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 22 (1) annually pay permanent fund dividends from the dividend fund; 23 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 24 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures and 25 time limits for claiming a permanent fund dividend; the department shall determine the 26 number of eligible applicants by October 1 of the year for which the dividend is declared 27 and pay the dividends by December 31 of that year; 28 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) that 29 establish procedures and time limits for an individual upon emancipation or upon 30 reaching majority to apply for permanent fund dividends not received during minority 31 because the parent, guardian, or other authorized representative did not apply on behalf
01 of the individual; 02 (4) assist residents of the state, particularly in rural areas, who because 03 of language, disability, or inaccessibility to public transportation need assistance to 04 establish eligibility and to apply for permanent fund dividends; 05 (5) use a list of individuals ineligible for a dividend under 06 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 07 COOPERATION WITH] the Department of Corrections and the Department of Public 08 Safety to determine [,] the number and identity of those individuals [INELIGIBLE FOR 09 A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 10 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 11 (7) adopt regulations that establish procedures for the parent, guardian, 12 or other authorized representative of a disabled individual to apply for prior year 13 permanent fund dividends not received by the disabled individual because no application 14 was submitted on behalf of the individual; 15 (8) adopt regulations that establish procedures for an individual to apply 16 to have a dividend warrant reissued if it is returned to the department as undeliverable 17 or it is not paid within two years of the date of its issuance; however, the department 18 may not establish a time limit within which an application to have a warrant reissued 19 must be filed[; 20 (9) REPEALED]. 21 * Sec. 6. The amendments made by secs. 2 and 3 of this Act apply only to individuals 22 convicted of crimes committed after December 31, 1996. Convictions for crimes committed 23 before January 1, 1997, may not be considered in determining the number of prior convictions 24 for purposes of applying AS 43.23.005(d)(2)(B). 25 * Sec. 7. The amendments made by sec. 4 of this Act apply after December 31, 1996. 26 Before January 1, 1997, AS 43.23.028 shall apply as it read before the effective date of this Act.